32.1-244 - Duty of operators to report knowledge of toxicity; retention and return of certain information; diagnosis of employee injuries and illnesses. - Virginia Statutes

§ 32.1-244. Duty of operators to report knowledge of toxicity; retention andreturn of certain information; diagnosis of employee injuries and illnesses.

Each person who operates a commercial establishment that uses as a rawmaterial, catalyst, final product or process solvent or manufactures anychemical or mixture in a manner that the person knows, or reasonably shouldknow, is toxic and under the circumstances of its manufacture or use may posea substantial threat to human health or to the environment shall have theaffirmative duty to report that information to the Board within five days ofreceiving it.

In discharging this duty to report, each person shall have the furtheraffirmative duty to make reasonable inquiry into the toxicity of anysubstance. Any knowledge of toxicity that is possessed by an employee oragent of the person, or by the holder of any patent under which the person islicensed to produce such substance, shall be attributed to that person if theperson actually received that knowledge or, in the exercise of due diligenceof such person, should have received that knowledge. Any knowledge oftoxicity that is possessed by any consultant or independent contractor, whohas been retained by the person to perform any evaluation or other task whichinvolves any such substance, shall be attributed to the person if such personactually received that knowledge or, in the exercise of due diligence by suchperson, should have received that knowledge.

Except as provided in this section, the Board shall not require any reportsby operators of commercial establishments to be filed pursuant to thisarticle unless the Board can demonstrate that the report is necessary toprevent or lessen an imminent risk of injury to public health or theenvironment.

Each person who operates a commercial establishment in which any chemical ismanufactured or is used as a raw material, catalyst, final product or processsolvent shall direct each of his employees to a physician for diagnosis ofany injury or illness of any kind whatever that the person knows, orreasonably should know, may be caused by such chemical. Nothing in thisarticle shall be deemed, however, to authorize or require physicalexamination or medical treatment for any person who objects thereto onreligious grounds.

The Department shall make reasonable efforts to return all confidentialbusiness information filed pursuant to this article to the owner or operatorof the business that reported it; however, if the business no longer existsor the owner or operator cannot be located, the Department may retain theconfidential information under the same terms and conditions ofconfidentiality existing prior to July 1, 1992, or, at the discretion of theCommissioner, purge and destroy such information.

(Code 1950, § 32-435.1; 1977, c. 471; 1979, c. 711; 1982, c. 16; 1984, c.433; 1992, c. 203.)